(c)
(8)
in relation to a person holding the office of Director of Audit, the Public
Service Commission.
The retiring age for holders of the offices mentioned in subsection (6) shall be 60 or
such other age as may be prescribed:
Provided that a provision of any law, to the extent that it alters the age at which
persons holding such offices shall vacate their offices, shall not have effect in
relation to any such person after his appointment unless he consents to its having
effect.
Amended by [Act No. 48 of 1991]; [Act No. 5 of 1997]; [Act No. 31 of 2000];
[Act No. 33 of 2001]
94.
Pension laws and protection of pension rights
(1) The law to be applied with respect to any pensions benefits that were
granted to any person before 12 March 1968 shall be the law that was in force at the
date on which those benefits were granted or any law in force at a later date that is not
less favourable to that person.
(2) The law to be applied with respect to any pensions benefits (not being
benefits to which subsection (1) applies) shall (a)
in so far as those benefits are wholly in respect of a period of service as a
public officer that commenced before 12 March 1968, be the law that was in
force immediately before that date; and
(b)
in so far as those benefits are wholly or partly in respect of a period of
service as a public officer that commenced after 11 March 1968, be the law
in force on the date on which that period of service commenced,
or any law in force at a later date that is not less favourable to that person.
(3) Where a person is entitled to exercise an option as to which of 2 or
more laws shall apply in his case, the law for which he opts shall, for the purposes of
this section, be deemed to be more favourable to him than the other law or laws.
(4) All pensions benefits (except so far as they are a charge on some
other fund and have been duly paid out of that fund to the person or authority to whom
payment is due) shall be a charge on the Consolidated Fund.
(5) In this section, "pensions benefits" means any pensions, compensation,
gratuities or other like allowances for persons in respect of their service as public
officers or for the widows, children, dependents or personal representatives of such
persons in respect of such service.
(6) References in this section to the law with respect to pensions
benefits include (without prejudice to their generality) references to the law regulating
the circumstances in which such benefits may be granted or in which the grant of such